Blogs » Society » Rustic, rusty, industrial rock -- the urbanizing rhythms of Mamer and IZ

Blogs » Society » Rustic, rusty, industrial rock -- the urbanizing rhythms of Mamer and IZ


Rustic, rusty, industrial rock -- the urbanizing rhythms of Mamer and IZ

Posted: 19 Jul 2012 08:00 PM PDT

Rustic, rusty, industrial rock -- the urbanizing rhythms of Mamer and IZ It's the sound of cityscape and countryside colliding, grinding, sparking anew. Xinjiang troubadour Mamer started his career plucking out nimble traditional notes on a goose necked, two stringed dombra. It`s a lilting but minimalist instrument used by countless acoustic acts hailing from that far western, Kazakh speaking, remotely autonomous Chinese region. [ more › ]

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‘Stop Exaggerating China’s Slowdown’: Bill Powell

Posted: 19 Jul 2012 06:07 PM PDT

 

Bill Powell

Bill Powell of Fortune does a great job of putting China's economy into perspective in 'Stop Exaggerating China's Slowdown.' And, he has a good doing it:

 'Some of the last words I hear before nodding off to sleep most nights here in Shanghai are uttered by a pasty-faced guy in the United States, nattering on CNBC about how the sky is falling (economically speaking) in China.'

Mr. Powell kicks off where I always do (no doubt why I like this article):

China's economy for the past year has been slowing out of necessity. Its consistent 10%-plus real GDP growth rates for most of the past decade had contributed to a broad inflation, as well as severe distortions in the economy's composition (a significant over reliance on fixed asset investment as the driver of growth). The government tightened policy as a result, and put shackles in particular on the residential housing market, which was at once overbuilt and still unaffordable for the vast majority of Chinese, thus contributing to social tensions here. (Overbuiltand overpriced is, to be sure, an economic oxymoron, but we'll leave the explanation for that for later.)

In other words, the Chinese government, like good government's everywhere, has other priorities besides GDP.

And, another set of mantras I repeat:

The more important point is that Beijing can do more if needed.

…despite the mind-bending amount of capital investment that's taken place here over the past ten years, China's total stock of fixed capital –infrastructure, industrial plants and housing — is still not all that high compared to the size of its economy or its overall population.

China can, and indeed should, continue to invest for at least another decade.

Have a look and see the great details I edited out.

Russia and China again veto Syria resolution

Posted: 19 Jul 2012 06:00 PM PDT

Via AP: "Russia and China again vetoed a Western-backed U.N. resolution Thursday aimed at pressuring President Bashar Assad's government to end the escalating 16-month conflict in Syria." [ more › ]

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If You Break An Unwritten Law In The Illegal Taxi World, You’re Gonna Have A Bad Time

Posted: 19 Jul 2012 05:00 PM PDT

In Hong Kong, millions take the Peak Tram every year, making it one of Hong Kong Island's biggest tourist draws. And where there's tourists, there'll be vendors who try to capitalize. Unregistered taxi drivers, for instance.

There must be several unwritten rules among such drivers, which I won't pretend to know, but one such rule seems to be obvious: don't bargain with potential customers until those in front of you have done so first. What happens when someone breaks that rule?

Watch the above. Fists fly from all directions. Youku video for those in China after the jump.

Gallery showcases paths between India and China

Posted: 19 Jul 2012 04:00 PM PDT

Gallery showcases paths between India and China In the past they've been divided by Himalayan heights, border skirmishes, and a race to become the world's next superpower. Today their economic rivalry may be neck in neck, but in the art world there's no contest-- India is losing ground to China. [ more › ]

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Front page of the China Daily for sale

Posted: 19 Jul 2012 08:49 AM PDT

by Allison Carroll Goldman on July 19, 2012

Picture 9

The front page of the China Daily English newspaper today is taken up by a full page ad for Louis Vuitton. The ad announces a new store opening in Shanghai that will open this Saturday, on July 21.

Three small headlines are displayed in a row above the newspaper title: One is about a recent suicide bombing in Syria, one relates to controversy surrounding a Tobacco Museum in Shanghai, and the last is about an athlete's prospects in this year's Olympics.

The headline about the Tobacco Museum in Shanghai points the reader to page 5, where an entire page is dedicated to smoke-related questions. The article itself is called "Decision to honor museum questioned." It describes how Shanghai residents and experts have questioned their city's decision to honor a tobacco museum for its service educating teenagers. The China Tobacco Museum in Shanghai was built by the country's tobacco industry, and opened in 2004. It includes exhibits on the history of the development of the tobacco industry, tobacco farming, tobacco trade, tobacco management, tobacco and smoking control and tobacco culture.

The museum was recently honored for its excellent performance in service as the city's education base from 2010 to 2011. The honor was given by the Shanghai Municipal Education Commission, the Shanghai Municipal Education Commission and the Shanghai Committee of China Communist Youth League. One critic was reported as saying, "It's widely known that tobacco is harmful to your health and may cause various diseases. How can such a museum be selected as patriotic education base? Supervision departments should pay more attention to it."

Meanwhile, Tang Weichan, an official from the museum, told the China Daily "Many of those who are against the museum have never visited the museum, which provides a platform for people to understand the stories behind tobacco."

Page 5 also includes a story on how the "WHO urges China to tax smokers," and how an anti-smoking organization in Beijing is seeking the recal of an award presented to the China National Tobacco Corp. in June in recognition of its contributions to the environment.

Links and Sources
China Daily: Decision to honor museum questioned  , Group slams award for big tobacco

16-year-old boy convicted of rape for living with 13-year-old girlfriend

Posted: 19 Jul 2012 02:54 AM PDT

20120718-rape-13-01

From Baidu news:

Recently, a typical rape case with warning significance was tried in Shenzhen Luohu District Court. A 16-year-old boy (at the time of the crime) was in love with a 13-year-old girl and had lived together. Although both parents did not take further legal action, the boy was prosecuted by the authorities. First instance trail convicted him of rape, the court sentenced him 1 year and 3 months imprisonment.

They are boyfriend and girlfriend

The boy in the case Xu, born in August 1995,was only 16 years old at the time of the crime in 2011. According to the prosecutorial office, Xu and the victim Cheung (female, born on Jun 11, 1998, was 13 at the time of the crime) met in early August 2011 and became boyfriend and girlfriend since then. In the evening of August 5, 2011, knowing Cheung was under 14 years of age, Xu still had sexual intercourse with her at his place. Therefore, the prosecutorial office charged Xu with rape.

During the hearing in the Luohu District Court, the defense attorney of Xu claimed that Xu was under18 at time of the offense. He should be subjected to a lighter punishment. Plus, he had been in a good behavior after being arrested and he showed a sense of remorse. Furthermore, Xu did not cause other serious consequences to the victim. The defense attorney also emphasized that the educational level of the defendant was not high and he was still very young. With unhealthy trends in the society, he might not be good at adjusting and at self-control as adults. In addition, the victim and he were in a relationship and the sex was consensual. Hence, subjectively a less severe crime, and less harmless to the society. The defense attorney hoped the court gives less than one year of prison sentence.

During the time of the crime he was on probation

Although the court agreed with the defense attorney's reasons of lighter punishment, but did not take his advice on the sentencing. Xu was arrested and taken into custody after a robbery case on September 7 2010 and was then released on bail on March 9 2011. The Court thought that when someone committing a new crime during probation period, according to the law shall revoke his probation and receive punishment for both crimes. Therefore, the court charged Xu with rape and sentenced him to 1 year and 3 months. He was also found guilty of the robbery and sentenced to 10 months with 1000 yuan fine. The total sentence was 2 years and 1 month.

China's Criminal Law (number two hundred and thirty six, paragraph 2) states: having sex with young girl under age of 14 constitutes rape regardless of being consensual or not, shall be severely punished.

Watch: North Korean troops dance for Marshall Kim Jong-un

Posted: 19 Jul 2012 01:44 PM PDT

Via AP: "Hundreds of soldiers danced in Pyongyang's plazas after North Korea announced that its leader Kim Jong Un has been named marshal, state media reported." [ more › ]

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Got A Pretty Penny? The China Daily Front Page Can Be Yours

Posted: 19 Jul 2012 10:35 AM PDT

No one would confuse China Daily for a real newspaper — the kind that doesn't write "A Friend's Departure" on its front page when North Korea's leader dies — but the company undoubtedly has real journalists on staff, veteran reporters who quietly toil within China's noxious media environment to produce respectable work, and it's those journalists I currently feel for. In yesterday's edition of China Daily, Louis Vuitton is the front page. Not a story about LV, or a quarter-page ad, or even an ad jacket. Just Louis Vuitton, its address (Plaza 66 Nanjing Xi Road, Shanghai), and the words "Opening July 21."

Why is this a big deal? Other papers have done this, you say.

Yes, other papers, like Richmond Times-Dispatch. China Daily is China's top English-language publication, and I doubt it's hurting for cash, judging by the size of the paper. Quite recently it's expanded to the US and Europe, and is seeking to launch its African edition. It's given Louis Vuitton the front page simply because, I'm guessing, Louis Vuitton nuzzled up against its marketing department, charming some pants off. Then LV offered lots of money.

As far as ads go, this one is brilliant. Whatever LV paid, it's not enough. Because a lot of people — myself, McClatchy Newspapers Beijing bureau chief Tom Lasseter, Danwei — are talking about it, and it's generating amazing publicity. Reuters even did a story about LV's nebulous "opening."

We'll let marketers applaud LV, though. As for China Daily, the newspaper: I suppose it's easy selling your soul when you never had one.

But frankly, I preferred bumbling, clueless China Daily, following porn sites on Twitter (on an account now deleted, by the way), instead of this current version: a slut for commerce that follows whoever's willing to throw down the right wad of cash.

Hu Woos Warily Welcoming Africa

Posted: 19 Jul 2012 09:09 AM PDT

China is giving the triennial two-day ministerial Forum on China-Africa Cooperation in Beijing the full-court diplomatic press. President Hu Jintao, seen above addressing the gathering against a backdrop of African flags, promised to have doubled China's credit lines for African governments to $20 … Continue reading

China’s Dentention Of Foreigner For Customs Violation Should Be A Strong Warning

Posted: 19 Jul 2012 08:25 AM PDT

The New York Times, in its inimitable style, is shocked (shocked, I tell you) and appalled (appalled, I tell you) about China's recent detention of a German (and his "Chinese associate") on charges that they undervalued imported art to avoid USD$1.6 million in customs duties.

I have a very different take on the whole thing.

First off, let me state right off the bat that I have no facts regarding the guilt or the innocence of these two individuals.  None.  Zero. Zilch. Nada.  So this post is not so much about them.  It is instead, about the countless companies that have come to my international law firm with plans to undervalue their imports with Chinese customs, based on the belief that "this is what everyone is doing."

Before I talk about what we see on this front, let me give some of the background regarding this particular fine arts customs case, and what better way to do so than to let the New York Times set the stage:

Gallery openings are a bit more subdued, anxious art dealers have been keeping a low profile, and several wealthy collectors have been barred from leaving China while the investigation continues. Auction house giants like Sotheby's and Christie's have been asked to cooperate with the authorities in what has become a wide-ranging investigation.

"Lots of people here are not going into work, or they are only using junior staff at their offices and galleries," said a Beijing gallery director who spoke on condition of anonymity because of the tension surrounding the issue. "They can't arrest everybody, but everyone is still nervous."

In the meantime Nils Jennrich and Lydia Chu, employees of the art-handling company Integrated Fine Art Solutions, languish in a Beijing jail on suspicion of smuggling, a crime normally associated with the illegal importation of drugs or arms. The charges carry a maximum of a life sentence.

Needless to say, this experience has not been pleasant for Mr. Jennrich, as the New York Times makes all too clear:

Mr. Jennrich, 31, the company's general manager and a German citizen, was taken away on the evening of March 30 during a raid of the business's Beijing offices; hours later Ms. Chu, 29, its operations manager, was summoned for questioning. Mr. Jennrich's family and colleagues have expressed concern for his health, saying he has been forced to share a cell with 11 others. During the first days of his detention, they added, he was interrogated for 36 hours straight, a violation of Chinese law.

"It's a living nightmare," said Mr. Jennrich's fiancée, Jenny Dam, who said the couple had planned to marry in May.

And the New York Times blames China because, apparently:

The detentions have put a spotlight on the mercurial Chinese legal system and raised questions among collectors and industry executives about the potential pitfalls of China's fast-growing art and antiques market, which last year surpassed the United States to become the world's largest, according to the European Fine Art Foundation. The crackdown, industry professionals have warned, could dissuade Chinese collectors from bringing home art purchased abroad.

*   *   *   *

"China is supposed to be a lot more integrated with the world economy," said Jonathan Schwartz, chief executive of Atelier 4, an art logistics company based in New York. "The decision to throw someone in jail tells you that China is not really playing by similar rules as the other large nations that are dealing with culture and transit."

The CEO of Jennrich's company had this to say:

"We forward, store and install artwork, that is all," said Mr. Hendricks, who was also questioned in Beijing by the authorities but was later allowed to leave the mainland. "Determination of value, the statement of this value, is not our responsibility."

According to "legal experts," "art handling firms simply work with the values provided by their clients, but that Chinese law is murky on whether individuals employed by shipping companies can be held liable for undervaluing a work."

The New York Times then quotes from Jennrich's lawyer and the Chinese associate's fiancé:

Nancy M. Murphy, a lawyer at the Beijing firm Jincheng, Tongda & Neal, who is advising Mr. Jennrich's family, said she hoped that the authorities would take into consideration whether the accused personally profited from undervaluing the work in question.

Ms. Chu's fiancé, Benoit Granier, said he found the accusations hard to fathom, given Ms. Chu's modest life, including sharing an apartment with five others. "She's just trying to find a way in her life," he said.

The New York Times then seems to justify whatever wrongdoing may have occurred:

Setting aside questions of Mr. Jennrich's and Ms. Chu's culpability, several industry experts say the practice of undervaluing art and antiques on Chinese customs forms is widespread. The International Convention of Exhibition and Fine Art Transporters, a trade organization, noted the problem last year in a newsletter and suggested that the practice was harmful to all involved. "There is no way around these regulations without breaking the law," it wrote.

In China imported art is often levied with duties that can reach 35 percent of an object's value. Many industry veterans complain of a customs process that is notoriously onerous.

International art experts acknowledge the difficulty of valuing contemporary art, noting that a wild jump in price at auction after a piece passes through customs does not necessarily suggest undervaluing at the border.

Ms. Murphy, the lawyer, said it took an experienced appraiser to know the difference between fraud and the vagaries of a white-hot art market.

As much as I feel for those arrested, I cannot help but have a different take on things.

Let me explain some of my beefs with the New York Times' article and then I will discuss why this case could very well matter for YOU.

I doubt very much that many jails are particularly nice places to stay and we do not need the New York Times reminding us of that. I mean, how often does the New York Times mention jail conditions in its other stories, and in a way designed to evoke sympathy for the person detained?

And I just love how the Times mentions how these two defendants are "languishing" in prison on a smuggling charge, "a crime normally associated with the illegal importation of drugs or arms."  Really?  I have always thought of "smuggling" as importing or exporting something contrary to customs laws and, hey, guess what, Meriam Webster agrees with me on that. It defines it as importing or exporting "secretly contrary to the law and especially without paying duties imposed by law."

And the bit about this arrest putting "a spotlight on the mercurial Chinese legal system" and harming China's lack of integration with the world economy is a bit over the top (O.T.T.).  I really get the sense from this (and from much of the rest of the article) that the New York Times is essentially saying, "hey, these people love art and so even if they did violate the law, we should let them go because that is how we here in the West would handle this sort of thing."

But where the article really falls short is when discussing the core question.  If these two defendants did undervalue the art, did they do anything wrong?  They say legal experts find the law "murky" but then, Ms. Murphy, a lawyer involved in this case on the side of Mr. Jennrich (and a very fine lawyer, I might add) seems to say that his defense plan is not going to be that he did nothing wrong, but instead to seek mercy from the court because he didn't make much money on the deal.  Mr. Chu's fiancé hints at the same thing. It would have been good if the article had given us more insight into their possible defenses.

The article then talks about how difficult it is to stay within the law because the paperwork can be onerous and because so many cultured and sophisticated art buyers just really don't like paying up to 35% duties on fine art.  Come on.

Now let's talk about the more quotidian world in which my law firm deals. A few years ago, we were approached by someone wanting to import art who was essentially seeking our imprimatur for them to undervalue their incoming art shipments. We wanted nothing to do with this client, who kept trying to assure us "that this is what everyone in China does" and that "you have to do this if you are going to import art into China."  I do not remember our exact response in this instance, but I am going to assume that it was the same as the one we always give to people in similar circumstances, which is something along the following:

Look, it's illegal and our advice to you is that if this is really what is required to survive in this business, you should find another business.  And just because "everyone" else is doing it and not getting caught doesn't mean you won't get caught. In any event, we want no part of this because we know it to be illegal and it just isn't worth it to us — for a whole host of reasons — to be associated with it.  And, if you are going to be doing something illegal, why do you even want an attorney anyway?  Our job is to help you do things legally.

We have received a number of similar requests outside the art world as well.

I apologize for the lawyer related digression here, but I cannot resist mentioning a great China Hearsay post from a few months ago on the lawyer's role in when confronted with a client who intends to violate the law. The post is entitled, Should You Fire Your Corrupt Client, and the conclusion is that lawyers should, for their own benefit:

My students at this point often ask what happens if, after the lawyer carefully explains that the company may be in violation of the law, the client refuses to stop? Is that the time to go to the police? No, you still don't report on your own client. Your response, however, will depend on your role as outside counsel (i.e., what you were hired to do).

For example, if I was hired to review a commercial contract, I do my job, briefly mention the FCPA issue to my client, and then get out. I've given proper legal advice to my client, even venturing briefly into a topic unrelated to the matter I was hired to handle. After that, it's the client's responsibility to clean up its act.

As a side note, exactly who you send this advice to is often a difficult question, one that trips up my students on occasion. If you don't understand how large companies operate and who the different constituencies may be at a multinational, your life as outside counsel can be rough. Just to use one hypothetical, what if you were hired by a local manager, and then you discover bribery? Do you report this to the regional HQ? Corporate HQ? Or do you keep that local manager who hired you happy and just talk to him? (Most lawyers I know would do the latter, but in some cases, it isn't possible and you have to go over that person's head.)

Let's change the facts slightly. What if this is a long-term client for which you are acting as general outside counsel for corporate matters? Now it's a little more complicated. If, after counseling the client on the bribery issue, they decide to continue violating the law, I would probably try to drop that client as soon as possible.

Are lawyers ethically obligated to "fire" their clients who engage in such activities? In many jurisdictions, the answer is no. I always figured, however, that it isn't worth the risk to associate oneself with a client like that. While I sympathize with clients who tell me that all of their competitors engage in bribery, and if they do not do so as well, they will not be able to survive, at the end of the day, that's not my concern. I'm going to discharge my obligation to my client, but once that's done, I'm going to look out for my own liability and professional reputation.

Back to our regular programming and to how all of this relates to you, the company doing business in or with China.  Here are the basics you need to know:

  1. China has laws.
  2. China enforces those laws.
  3. We can argue all we want about whether those laws are enforced equally as between foreigners and Chinese citizens, but the bottom line is that they are sometimes/oftentimes/always enforced against foreigners.
  4. If you violate the law in China you could very well face criminal action.
  5. If you are facing criminal action in China, your embassy/consulate are of very little help. They can help you find the right lawyer and bring you food and magazines in your own language, every few weeks, but not much more than that.

In The Sentencing Of Matthew Ng. A Very Long "No Comment," we spoke of the risks of criminal activity and the almost blithe attitude too many foreigners have about it:

We have many times written of the risks foreigners face of being found on the wrong side of China's criminal laws. I cannot emphasize enough the need for foreigners to take China's criminal laws seriously. My firm has helped oversee a number of criminal cases in China involving foreigners in China and I cannot tell you how tired I am of hearing our clients confidently (at least initially) seek to assure us that they will be fine because what they were doing helped bring jobs and money to China.

We are always emphasizing that China will, with little or no compunction, jail foreigners who violate China's criminal laws, even if the offending action is not a crime back in the home country.  And forget about getting much help from your embassy beyond maybe some help in finding your lawyers and seeking to monitor your case for procedural fairness.

Similarly, in Avoiding Chinese Jails. I'm Talkin' To You, we had this to say about the need to follow the laws in China:

Aimee Barnes highlights how important it is for foreigners to follow the law in China. All of the laws. All of the time. No matter how much you may disagree with them, no matter how silly you may find them, and no matter how different they may be from those to which you are accustomed. Most importantly, you must strive to follow the law no matter how much you may see those around you disobeying them, particularly if those you see are not foreigners.

And when it comes to customs in China, we are seeing a huge increase in customs people trying to turn even honest mistakes into criminal matters. We have successfully handled a number of these cases and we have done so by responding to the problem immediately, by taking the problem very seriously, and by getting as much information to Chinese customs quickly as possible and in as helpful and proper a form as possible. By proper, I mean that customs wants everything appostilled and consularized, so that is how we do it. We have found that customs initial assumption is that there has been criminal activity, but that if you work with them, they absolutely can be convinced that it was really just an honest mistake (presuming that you have real proof that it was just an honest mistake). When it comes to customs, we have found that the key is to deal with any problems early and head-on.  I have absolutely no idea whether that would have even been possible in the art case discussed above (I doubt that it would have been), but it usually is.

Overall, in the last six months we have seen an absolutely unprecedented increase in China's tightening down on its laws as they apply to foreigners. (It is possible that China is cracking down on its laws with respect to everyone, but because my law firm just represents foreigners in China or doing business with China, as opposed to Chinese citizens in China, we do not know if that too is the case.) China is shutting down improperly formed WFOEs like never before. Beijing is left and right shutting down WFOEs that do not have the proper facilities or are operating outside their scope of business. And we hardly need to tell you about the recent crackdown on foreigners in China without proper visas. There is an easy explanation for all of this and we have seen it before (though never to such an extent). It's the economy, stupid.

Bottom Line:  I hate to sound so trite, but the key for you if you are doing business in China is simple: follow the law no matter what.

What do you think? What are you seeing?

 

Public fears check Chinese nuclear

Posted: 19 Jul 2012 09:10 AM PDT

A new nuclear safety plan for China has been treated as a signal the sector is returning to favour. But old problems still plague the industry, writes Cui Zheng.

In mid-June, following a 15-month moratorium on construction of new nuclear facilities, China published the results of a nuclear safety audit and a fresh nuclear safety plan, signalling a possible end to the post-Fukushima freeze. 

Since the days following Japan's nuclear disaster in March last year, the number of countries to halt construction or operation of nuclear-power plants has grown, while the global nuclear industry has pinned its hopes on China coming back into the fray. Is it the case, then, as many believe, that construction will soon restart in China?

An uphill start

The launch of the new safety strategy has certainly had an impact on the industry. Four days after the plan was approved, investors pumped 400 million yuan (US$63 million) of funding into the Pengze nuclear plant in south-east China's Jiangxi province, on which work stopped 15 months ago. CNNC Nuclear Power, a China National Nuclear Corporation (CNNC) subsidiary, passed a pre-listing environmental audit. Market analysts, meanwhile, have started recommending the purchase of nuclear shares. 

Despite the flurry of activity, the industry itself appears unusually reticent. The main reason is that an updated "medium to long-term development plan" for China's nuclear power sector – also awaited by the industry – was not released alongside the safety strategy. One CNNC insider who wished to remain anonymous said the firm regards that plan as the key to an industry revival, and is unexcited by the safety materials. The source added that the listing of CNNC Nuclear Power had been long in the planning, and the environmental audit is just one stage in that process.

The original version of the development plan was published in October 2007 and set a target for 40 gigawatts of nuclear-generating capacity by 2020. But after the crisis at Fukushima, the State Council – China's highest organ of state power – imposed changes. Then, on May 10 this year, Qian Zhimin, deputy head of the National Energy Administration (NEA), announced that both the safety strategy and the "medium to long-term development plan" had been approved by the NEA and passed on to the National Development and Reform Commission, the country's top economic planner.

But at a State Council meeting on May 31, only the safety plan was passed. There was no sign of the development plan. One expert close to the nuclear policymaking process, who asked to remain anonymous, said it may still be some time before China sees its much touted nuclear spring. "For the sake of stability, nuclear construction is unlikely to get started soon," the source said.

This position is closely linked to public fears over nuclear power, stirred by the Fukushima crisis. Early in the year, the government of Wangjiang county, near the Pengze nuclear plant, filed an official complaint about the facility being built across the river, suggesting public opinion can affect official attitudes.

Policymakers are acutely aware of the public's concerns. Around the world, whether or not to press ahead with new nuclear has become a deeply politicised question, and with China in the midst of a leadership change, officials are being cautious.

And so the nuclear industry has been left to stew. Gu Zhongmao, deputy head of the technology committee at the China Institute of Atomic Energy, said nuclear equipment suppliers had been worst hit by the standstill. A stop on their business operations of more than a year has left these players in dire straits. Overseas suppliers have also been affected: Chinese firms are attempting to cancel contracts for equipment for shelved plants under force majeure clauses (which can free parties to a contract from liability in extraordinary circumstances) while the suppliers concerned argue policy change is not something that can trigger force majeure. International mediation is being used to resolve the disputes. 

Persisting safety concerns

After the Japanese nuclear crisis, China launched an extensive audit of nuclear safety. Publication of the results was delayed more than once. When the final report eventually appeared, it said that China's nuclear facilities are basically safe, but that vulnerabilities to extreme natural disaster – such as the tsunami which hit the Fukushima nuclear plant – remain.

An experimental reactor 100 kilometres from the site of the 2008 Wenchuan earthquake had to be shut down manually after the quake as it had not been adequately "earthquake proofed", according to media reports. China's new safety plan states that the design of experimental reactors should be revaluated in the light of this, and improvements made where necessary.

Many industry experts and employees agree with the audit's conclusion that the industry is "safe overall" and hope that the report will help get construction back on track. Qian Jihui, former vice-president of the International Atomic Energy Agency, said a wider safety net will be built into China's nuclear-power sector as a result of the new strategy, reducing the already highly unlikely chance of a reactor meltdown, though he noted that construction costs are also likely to rise.

But Yang Fuqiang, a senior consultant to US-based NGO the Natural Resources Defense Council argued that the report has downplayed the challenges. The audit took a long time and was complex process, he said. It's hard to believe the issues it uncovered were so simple. China has more nuclear-power plants under construction than any other nation, but fewer engineers with experience in the nuclear sector than many other countries. "If you start so many projects at once, you can't be sure all the teams doing the work will be up to standard," Yang said.

The audit does not signal major problems with China's level of nuclear technology, he added, but safety is not just a matter of technology.

Regulatory risks

Indeed, the major risks are related to management. Management errors have played a part in all of the world's major nuclear accidents. And, in China, concerns persist over the country's nuclear regulatory system, emergency response capability and safety culture.

Harvard University research fellow Zhou Yun is a long-time observer of Chinese nuclear reactor risk assessments and nuclear power policy and law. In 2010, she wrote a paper pointing out that China's National Nuclear Safety Administration (NNSA) is subordinate to the Ministry of Environmental Protection, while the big state-owned nuclear power companies are managed by the State Council. This reduces the independence and authority of the regulators, he argued. NNSA does not have its own research department through which to set standards and cannot evaluate and decide on technical situations which are not covered by current law or regulations.

Fukushima pushed nations around the world to beef up their nuclear regulatory regimes. But in China there has been little change. In 2012, Yang Fuqiang passed suggestions for reform to the National Development and Reform Commission, but there has been no response.

Yang said regulators must focus on safety alone, and must not be influenced by development plans. "They should only approve technology when it is ready – targets for generating capacity should not have any impact."

Chinese regulators are also hampered by a shortage of personnel. Fan Bi, an economist focused on the energy sector, has pointed out that China's nuclear regulatory capacity lags badly behind, with too few staff working on nuclear safety at the NNSA and at the Commission of Science, Technology and Industry for National Defense. Regulators are paid much less than power-plant workers, which makes it harder to attract and keep staff.


This article was first published in
New Century Weekly, where Cui Zheng is a reporter.

Homepage image by DickStock shows a sign outside Daya Bay nuclear plant in Guangdong province, south China.

If You’re Not Doing KTV Like This, You’re Doing It Wrong

Posted: 19 Jul 2012 05:00 AM PDT

There's no logical reason for me to enjoy this video, "Karaoke in Beijing," by YouTube user . But I do. And I'm not sorry.

Have a pleasant Thursday evening, everyone. Youku version for those in China after the jump.

Rupert Murdoch and Wendi Deng's former nanny tells all

Posted: 19 Jul 2012 03:08 AM PDT

Rupert Murdoch and Wendi Deng's former nanny tells all In an exclusive interview given to Gawker, a former nanny and tutor for Rupert and Wendi Murdoch, has spoken up for the very first time on what life was like working for the power couple of the media world. The picture that emerged of Wendi Deng, the "Tiger Wife" who was applauded for the way she came to the protection of her husband when a protestor attempted to attack him last year, was especially unkind. Working for Deng was a "relentless nightmare", as Gawker put it: "Screaming tantrums, nannies discarded by the side of the road on a whim, no benefits, unpaid overtime, young girls body-shamed by their mother—and near abandonment for workers injured on the job." [ more › ]

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Hong Kong National Education Promotes the Worship of Chairman Mao

Posted: 19 Jul 2012 01:58 AM PDT

On last Sunday, Beijing-backed primary school teacher Yu Yee-wah 余綺華 threw a temper tantrum at a 15 year-old anti-national education student in the live TV debate "City Forum".

Her childish behavior drew both criticism and interest from netizens. Out of curiosity, netizens investigated Yu's background as she represented National's Little Vanguard 國民小先鋒 in the debate. The investigation leaded to shocking revelations about the rifle holding and red/yellow scarf wearing National's Little Vanguard, which is under the lead of the Chinese Communist Party. As mentioned in the previous post, through Yu's connection with Education Employees General Union, netizens discovered that 18 Catholic primary schools participate in a national education programme called 匯通國民教育 Blended Learning Curriculum Design for HK National Education, which has just been found out that it promotes the worship of Chairman Mao. Netizens are extremely disgusted by this Mao-worshipping programme.

18 Catholic primary schools that participate in "匯通國民教育 Blended Learning Curriculum Design for HK National Education"

The following is the syllabus of national education of these 18 Catholic primary schools. The content of chapter 5 "Culture Arts – Learn Calligraphy Together" is "The Artistic Attainment of Mao Zedong's Calligraphy 毛澤東的書法造詣" and one of the learning targets/learning focuses is "learn the spirit of Chairman Mao , which is never give up and assiduous."

"The Artistic Attainment of Mao Zedong's Calligraphy 毛澤東的書法造詣" is on the syllabus of 18 Catholic primary schools' national education programme.

Comment from House News

Inside the syllabus of the primary school's national education programme, 匯通國民教育 Blended Learning Curriculum Design for HK National Education, which is subsidised by the Quality Education Fund from the government, we can see the course content for p4:

1. Students need to learn the artistic attainment of Mao Zedong's caligraphy.

2. Learn the spirit of Chairman Mao, which is refuse to give up and assiduous.

We had previously shared the piece of news that Hong Kong Anglican Church and the Evangelical Lutheran Church of Hong Kong have decided that their schools will not add national education into the school curriculum. However, many schools have been using strongly patriotic syllabus to create teaching materials and teach students.

At the same time, athlete Lee Lai-shan is also grouped into "Olympic Elites of China" . Students are required to use the phrase "I am Chinese" to make sentences and listened to "March of the Volunteers" (*national anthem of China) in class. The teaching methods of national education are extremely diversified.

Source: http://ne.actin-education.hk/Website/ne/index.html

God Save the Queen was played when Lee Lai-shan won her gold medal for Hong Kong in 1996.

Netizens' comments

Janet: Hong Kong government has f**king gone crazy. It is worse than North Korea.

Tsang: I deeply believe that North Korean primary school students are required to learn "the Artistic Attainment of Kim Jung Un's Caligraphy"!

Tam: It is so disgusting. There are so many famous Chinese calligraphers one can learn from, such as Wang Xizhi and Yan Zhenqing. Why learn from Mao Zedong?! Students are even required to learn his never give up and assiduous spirit?! Hong Kong is about to be on par with North Korean in the aspect of leader worshipping. This commie-licking, brainwashing, so called national education, if I don't protest against it, I will feel guilty at our next generation.

Bill: The shittiest part is that one has to learn the spirit of the demon who killed the most people in the history ever.

"The government has gone crazy!!!"

Chan: Every time I hear people say the CCP has progressed or advanced, I recall what Ni Kuang once famously put, "The progress of the Communist party is like a cannibal tribe starts using folks and knifes to eat human meat." The essence hasn't changed, only that it's more absurd, and they're so proud of it.


Asian Mother Viciously Belittles Son For Getting Math Question Wrong

Posted: 19 Jul 2012 12:56 AM PDT

As Louis CK says in one of his shows, children can be assholes (and "buckets of disease"). But is it worth screaming "kill you" at them for getting a math problem wrong?

This video's a bit old, from two years ago, but it recently went viral and found new life on Viral Viral Videos. Forget Amy Chua; it's Asian mothers like this who give Asian moms a bad rep. And it quite possibly might be child abuse, as  points out in the video description. "What do you know?" the mom shouts. "Do you want to go to college? No you don't! You're a total idiot!"

I grew up in an Asian household, and my mother once threatened to tie me to a chair and burn me, but that's because I was misbehaving. She was down to her last resort. (Before you act so shocked, realize that parenting standards really are different in Asia.) But my mom would never threaten to kill me for getting a few math questions wrong. After all, it's normal to be wrong sometimes. It's part of growing up and the learning process. And… it's MATH. No wonder Asian kids are stereotyped as unimaginative and passive: all their energies are spent getting math questions correct, lest their mothers freak out. Youku video for those in China after the jump.

Filmmaker, blind boy, shed light on rural China's plight

Posted: 19 Jul 2012 01:30 AM PDT

Filmmaker, blind boy, shed light on rural China's plight It took a little blind boy to help Carol Liu truly see rural China's agony. The documentarian's latest feature, Restoring the Light, deeply contrasts most mainstream media accounts of the nation's rampant development. Her movie, (which will be screened July 21 at 7pm at Beijing's Redwall Jingshan Garden Hotel), is about those literally left in the dust- from farmer families as parched as their crops, to cash strapped fringe hospitals that can barely afford to tend to the those impoverished patients. [ more › ]

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Trainwreck DJ Uffie apologises to Shanghai fans for non-performance

Posted: 19 Jul 2012 12:10 AM PDT

Trainwreck DJ Uffie apologises to Shanghai fans for non-performance Uffie, the trainwreck of a DJ and supposed socialite that some local party promoters had the good (mis)fortune of inviting to Shanghai recently, has broken her silence on what happened at Mao Livehouse last weekend. [ more › ]

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Tibet closed for routine maintenance

Posted: 18 Jul 2012 11:44 PM PDT

Lhasa (China Daily Show) – Tibet is to be closed for routine cleaning and repairs, the Chinese Foreign Ministry told reporters yesterday.

A Makeshift Swimming Pool In Wuhan Brings Out The Young And Old

Posted: 18 Jul 2012 10:57 PM PDT

Via CFP

Remember the boat-rowing dad with his young son? And the kid swimming in the back of a van? Continuing on that theme, here's a toddler in an inflatable swim ring floating down a flooded road in a Wuhan park. According to China News, plenty of families have brought their children out to play in the overflowing Yangtze water.

But not just children! Look:

You're only young once. Live it up.

(H/T Alicia)

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